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3-6r7b8g good afternoon. welcome to the san francisco board of supervisors meeting of tuesday, november 6, 2012. happy election day. i hope everyone has voted. madam clerk, could you please call the roll. >> clerk calvillo: supervisor avalos, present. supervisor campos, present. president chiu, present. supervisor chu, absent. supervisor cohen, present supervisor elsbernd, present. supervisor ferrell, present. supervisor kim, present. supervisor mar, present. supervisor olague, present. supervisor wiener, present.

supervisor chu, present. mr. president, all members are present. >> president chiu: thank you. ladies and gentlemen, could you please join us in the pledge of allegiance. >> i pledge allegiance to the flag of the united states of america and to the republic for which it stands, one nation, under god, indivisible, with liberty and justice for all. >> president chiu: colleagues, we have our october 2 board meeting minutes. a motion to approve those meetings? mar and avalos. those are approved. any communication? >> clerk calvillo: there are no communications, mr. president. >> president chiu: and no consent agenda. go to our regular agenda. item one. >> clerk calvillo: ordinance amending the planning code radarring signage requirements for privately owned public spaces. item 1, supervisor cohen, aye.

supervisor elsbernd, aye. supervisor ferrell, aye. supervisor kim, aye. supervisor mar, aye. supervisor al gi, aye. supervisor wiener, aye. supervisor avalos, aye. supervisor campos, aye. president chiu, aye. supervisor chu, aye. there are 11 ayes. >> president chiu: the ordinance is finally passed. >> clerk calvillo: item 2 ordinance amending the administrative code to require the mayor's office of housing and the planning department to report to the board of supervisors every five years on the implementation of the affordable housing trust fund charter amendment. >> president chiu: same house, same call? this ordinance is passed. >> clerk calvillo: item 3, ordinance amending the planning code to allow for greater size and depth from the corner for limited commercial uses in the residential transit oriented mission district and making requisite findings. >> president chiu: same house same call. this ordinance is passed. >> clerk calvillo: item 4, ordinance amending the health

code regarding bedbug infestation prevention, treatment disclosure and reporting. >> president chiu: same house, same call. this ordinance is passed. >> clerk calvillo: item 5, resolution responding to the presiding judge of the superior court on the findings and recommendations contained in the 2011-12 civil grand jury report, san francisco's city technology needs a culture shock and urging mayor to cause implementation of the accepted findings and recommendations to the development of the annual budget. >> president chiu: same house, same call. it's adopted. >> clerk calvillo: item 6, on the findings and recommendations contained in the 2011-12 civil grand jury report better muni service without switchbacks and vehicles into san francisco municipal transportation agency accepted findings and recommendations through the development of the annual budget. >> president chiu: same house, same call. this resolution is adopted.

item 7. >> clerk calvillo: item 7, ordinance amending the administrative code to authorize prepayment of jobs -- of the job housing linkage program for developments on certain port lands. >> president chiu: supervisor kim. >> supervisor kim: thank you, colleagues. as many of you know our office has been working with the port on this legislation to create a mechanism that will allow the port and the mayor's office and housing to work collaboratively to develop affordable housing on port property where the public trust has been lifted. assemblyman tom ammiano a bill to allow 3221 to be lifted from the public trust and be used potentially for non-trust uses, including affordable housing. and this ordinance would allow the port to sell -- below or -- market rate in exchange for receiving credits for jobs housing linkage feeds. the port would be authorized to

use these credits to prepay authorization for private development on portland. the city would create an opportunity to see development on the waterfront and given the port flexibility in our jobs housing partnership obligations. would love your support today. thank you. >> president chiu: any further discussion? colleagues, can we do this same house, same call? passed on the same reading. why don't we skip over our 3 pm special orders and go to our committee reports, item 12. >> clerk calvillo: 12 through 15 were considered by the budget and finance at a special meeting on november 1, 2012 and forwarded to the board as committee reports. item 12 was amended, an ordinance amending the business and tax regulation code to prevent the payroll tax exclusion for small businesses 2012-15 from terminating in the event the voters passed a gross

receipts tax. >> supervisor farrell: this is cleanup legislation to the small business payroll legislation we passed earlier. it was drafted before the gross receipts or proposition e language was drafted. this is to clean it up. it would have terminated on passage of proposition e that will be decided upon today and we obviously like all other payroll tax exemptions and incentives that we have passed wanted to phase in as the gross receipts phases in, in san francisco. this legislation accomplishes that phase-in period and i hope to have your support. >> president chiu: supervisor avalos. >> supervisor avalos: thank you. i will be supporting this legislation. i didn't support the stand-alone measure a few months back because it was a complete separate item from our gross receipts tax that was moving forward. before it was actually fully drafted. since this measure is instant tri cay connected to the phase-in period anticipated in

our gross receipts tax it makes sense that we look at -- i will be supporting it. it makes sense that i support in context of providing incentives for small businesses that also have been crafted into our gross receipts tax measure. so i will be supporting it. thank the sponsor. >> president chiu: further discussion? same house, same call? this ordinance is passed on the first reading. >> clerk calvillo: item 13, resolution approving real property located at 1515 eefns avenue and new hall street for purchase price of 15 million. >> president chiu: same house, same call. this resolution is adopted. next item. >> clerk calvillo: item 14, resolution authorizing the director of the mayor's office of housing to execute a local operating subsidy program grant agreement with 220 golden gate master tenant for formerly homeless senior adults for the period of december 1, 2012 to november 30, 2027 in amount not to exceed 18.4 million.

>> president chiu: same house, same call. this resolution is adopted. item 15. >> clerk calvillo: resolution retroactively authorizing the department of the environment to accept and expend a grant in the amount of 2.977 million to continue energy use and demand reduction through energy efficiency program in the city for the period of october 15, 2012 through december 31, 2012. >> president chiu: this resolution is adopted. next item. >> clerk calvillo: mr. president, next item is roll call for introductions. >> president chiu: let's go to roll call. >> clerk calvillo: supervisor ferrell. supervisor carmen chu. i wanted to adjourn in the memory of -- she died yesterday at age 87, spent world war ii and was imprisoned in the prison camp. she moved to the u.s. and then san francisco in 1952. her husband and she opened

emerald cleaners. she will be missed by her daughters, and her many, many grandchildren and great grandchildren. thank you. >> clerk calvillo: thank you. supervisor wiener. >> supervisor wiener: today i'm introducing three companion pieces of legislation, culminating from about a year's worth of work, to modernize how san francisco regulates the food truck industry in our city. this legislation is aimed at striking a balance between the needs to promote innovation and entrepreneurship while protecting our brick and mortar restaurants as well as school lunch programs. the food scene in san francisco is important to encourage diversity and food trucks are a key part of this culture. they provide new and interesting kinds of food, fletionibility,

great opportunity for new entrepreneurs and we see many young people, women and immigrants able to enter the food industry through the food truck sector. food trucks also activate public spaces including our sidewalks. the food truck movement is important and has very broad popular support in san francisco, as you can see by the long lines at many of our food truck establishments. over a year ago i got involved in this issue for a number of reasons. we were seeing an escalating conflict between food trucks and brick and mortar restaurants with a lot of appeals of food truck permits. it was becoming chaotic add uncertain for brick and mortar and food trucks. so i got involved in order to foster some compromise where we could move forward. i convened a working group with a goal of treating everyone fairly. in addition we were encountering a situation where there are --

san francisco where food trucks are not allowed. if a college or hospital campus happens to be located in a residentially zoned area you can't put a food truck on that campus. in addition this board enacted a number of years ago a rule that for public middle schools and high schools you cannot have a food truck within 1500 feet or about three blocks of that school, although well intentioned that cutoff certain neighborhoods most extremely the mission from having food trucks on streets. so i worked closely with the school district, with food advocates, as well as our brick and mortar restaurant establishment and off the grid to craft legislation to address these issues. and this legislation -- or these three pieces of legislation will do that in several ways. first, with respect to our public schools, the buffer

around public schools will be reduced from middle schools from 1500 feet to 500 feet, given that all middle school campuses are closed and students are not allowed to leave campus for lunch. for high schools, depending on the high school, either 750 or 1,000 feet. second, regarding the tension between brick and mortar and food trucks, food trucks will have to be positioned at least 50 feet from any brick and mortar restaurant so you don't have a situation where a food truck pulls up directly in front of a brick and mortar restaurant and has that competition where the brick and mortar has been there a long time, invested in the neighborhood. will improve noticing provisions around the granting of permits. in addition, the legislation i previously introduced to allow medical or hospital and college campuses in residential areas to have food trucks on their campus that will move forward. finally, dpw has had a hard time

enforcing its permits against food trucks that are operating either in violation of their dpw permit, or without a permit at all. dpw citations are very hard to enforce. you typically have to go to court. so i'm introducing an amendment to the transportation code that will allow parking control officers, employed by mta to cite food trucks that are in violation of the public works code, and that citation can be enforced directly against the vehicle. so enforcement will be much easier. colleagues, i think that these three pieces of legislation, taken together, will significantly improve san francisco's regulatory approach to food trucks, will allow food trucks to thrive and serve all areas of san francisco, while -- our brick and mortar restaurants fairly and recognizing the importance of protecting the school lunch program and i look forward to the dialogue around this legislation.

and the rest i submit. >> clerk calvillo: president chiu. >> president chiu: submit. >> clerk calvillo: supervisor campos. >> supervisor campos: i want to take an opportunity to thank a number of folks, specifically the police department, members of the police station, and mission station, as well as violence prevention workers who have been working for the last week and a half, on a number of things in the mission district, and we've had a number of events in the last few days, beginning of course with the celebration of the giant's victory, and then on that same day, we had halloween in the mission, and then two days later, we had dia de los muertos. i just want to thank the police officers at mission station for all the work that they have done

in the last few days to keep our neighborhood safe. i also want to thank the violence prevention workers from the community response network and other organizations that have also been out on the street working with the police department to keep our neighborhood safe. i just want to thank them for a relatively quiet time in the last two days in the mission. the rest i submit. >> clerk calvillo: thank you. supervisor elsbernd. >> supervisor elsbernd: thank you, madam clerk. today, i'm introducing, after 78 years of a decision that i think was made inappropriately by the city, a settlement that will let the city take a look at -- have a good public process and look at what the highest and best use of 14 acres of pristine lakeside land can be at lake merced. as you know the city has been in a rather difficult position with the pacific rod and gun club at lake merced. after many months, some extent

years of debate with the gun club i'm pleased to bring forward a settlement that the gun club has agreed to, that will set in place a process by which the rod and gun club will largely be exiting the premises, and much more importantly, be participating in the environmental clean up that needs to be done. for decades the work -- not the work, the activity that happened at the rod and gun club caused significant environmental damage to lake merced, by some estimates over $10 million and thankfully the settlement reached by the city attorney and the puc of the rod and gun club will be participating in the cleanup cost. so i'm pleased to bring this forward, pleased we're finally bringing in i won't say conclusion to the process but beginning the final steps in ending that use out there, and finally allowing the public to have a discussion that i think

the public has wanted to have for decades is a rod and gun club truly the highest and best use of 14 acres of land and city and county of san francisco particularly over that beautiful lake. and that's my submission. >> clerk calvillo: thank you, supervisor. mr. president, seeing no other names on the roster that concludes roll call for introductions. >> president chiu: thank you. why don't we go to general public comment. >> clerk calvillo: the next item on the agenda is the opportunity for the public to comment generally for up to two minutes on items within the subject matter jurisdiction of the board, including those items on the adoption without reference to committee calendar. please note that public comment is not allowed on those items which have already been subject to public comment by a board committee. speakers using translation assistance will be allowed twice the amount of time to testify. if a member of the public would like a document to be displayed on the overhead projector state such and -- >> president chiu: thank you. our first speaker.

>> good afternoon. stop the corporate rape of our public library, don't give money to the friends of the library, don't accept money from the friends of the library. people are finally starting to realize how destructive the corporate influence on our public institution has become. people are also starting to recognize how fragile our democracy really is. one of the values of the corporations is that there is never accountability because it might interfere with profit. one of the values of democracy is that there has to be accountability or the people have no power. the values of the united states used to be that it belonged to the people. now, what we see, over and over again in our society, is the mechanisms that subvert democracy to protect and promote the interest of private money. most people recognize, at least in the abstract, that there are virtues of open government that are worth more than the few

pennies of a corporate donation. if we want democracy, we need open institutions of knowledge that allow access to the truth. these institutions of knowledge are sunshine in government, a free press, and just as importantly, public libraries. it is no accident that the san francisco public library is the worst example of the privatization and subverting of democracy that we see everywhere. once our institutions become a private income stream the private money wants power and exclusiveness. the fantasy of their -- of aristocracy is what they're buying and the destruction of democracy is what they expect for their money. it once would have been considered unthinkable that the board of supervisors would meet on election day, respect for the power of the vote is democratic accountability itself, the destruction of the truth is the destruction of democracy itself, and that's why the lies cost more than the money.

please -- >> president chiu: thank you. next speaker. >> good afternoon, supervisors. my name's douglas -- i've lived in san francisco for 60 years. i would like to say that i am very disappointed, this thursday, the committee hearing for gao has been canceled. i would like to offer a suggestion for are a new name of the committee. why don't we call it the government absent and obstruction of justice committee. that's just a suggestion. so you don't have to take it seriously. secondly, i noticed that after the mirkarimi decision, the mayor has been saying some very interesting things. i thought it was pretty interesting about the orange jacket. so we'll leave that alone. but he did suggest, in his speech in front of the parade, that everybody is supposed to be

working together. so i propose that the mayor and the sheriff have a public handshake, and show that there's no hard feelings. and if that doesn't happen, then i would like a committee hearing by the board of supervisors to see why it's not happening. also, i would like to suggest that, in order for the city operations committee, since they took the time to hold a hearing on the nudity, why there is still no public discussion of a dead gay man named joe samolstan that died under controversial circumstances at san francisco general hospital in 1999. i guess his life isn't worth a death discussion right now while we can argue back and forth about -- thank you.

>> president chiu: next speaker. >> good afternoon, board and president chiu. if i haven't been tired i might have contacted the san francisco giants parade organizer because after she sang san francisco in the beginning opening, i would have followed it through and came in with -- ♪ california, here i come, right back where i started from, where -- of flowers bloom in the sun at dawning each bird is singing -- don't be late, that's why -- the san francisco giants, aren't they great ♪ open up that golden gate, city winning, giants winning, here we come. on the way over i was kind of thinking, it's kind of still

kind of sad because -- ♪ you don't bring former supervisor ed jew flowers anymore. ♪ you hardly talk to him anymore when he comes in the door and he talks on the floor ♪ playing with the city's heart, you know it isn't really smart. ♪ the city joker is the only fool, will do anything for you ♪ you'll maybe get another dime. ♪ it ain't going to be a city, a city that really shines. ♪ you know, you know i feel like i need some more, and you want to bring it, bring it some, don't you bring it on the floor. ♪ playing with the city, tony bennett heart, you know it ain't really smart.

♪ the joker is the only city fool that will bring and help you ♪ thanks. >> president chiu: thank you. any other members of the public wish to speak in general public comment? general public comment is ended. madam clerk, could you go to the adoption calendar. >> the clerk: items 18 through 21 are being considered for immediate and unanimous adoption without committee reference and will be acted on by a single roll call vote. it can be considered separately. >> president chiu: would anyone like to sever any of these items? roll call vote on the adoption calendar. >> clerk calvillo: supervisor cohen, aye. supervisor elsbernd, aye. supervisor ferrell, aye. supervisor kim -- >> president chiu: order please. public comment is over. madam clerk, back to roll call. >> clerk calvillo: kim, aye. supervisor mar, aye. supervisor olague, aye.

supervisor wiener, aye. supervisor avalos, aye. supervisor campos, aye. president chiu, aye. supervisor chu, aye. there are 11 ayes. >> president chiu: those motions are approved and resolutions adopted. colleagues, we have a couple of 3 pm special orders. why don't i suggest that we recess until 3 pm. >> prospect the board of supervisors meeting is >> president chiu: good afternoon. welcome back to the board of supervisors meeting of tuesday, november 6, 2012. madam clerk, could you call our 3 pm special item, item 8 through 11. >> clerk calvillo: the board of supervisors has agreed to sit as a committee of the whole, as they approved file 121080, item 18 on today's agenda to sit for a public hearing for persons

interested in adopting resolutions associated with various real property leases located at 110 12th street, stevenson street, and market street. >> president chiu: let's open up this hearing. let me ask first supervisor kim, do you have initial comments you would like to make as the district supervisor or shall we go to the presentations? >> supervisor kim: there is a presentation by john updike and mr. barnes is here from the city administrator's office but we are on a tight timeline to approve these leases for relocation for several of our department offices from 875 stevenson with an early termination and i believe that the city's administrative office worked really hard to ensure that this didn't have impact on our budget cycle and i appreciate those efforts. >> president chiu: supervisor chu. >> supervisor chu: they explained this to me previously, but in our committee we do have

it as a weekly meeting, generally items do get scheduled pretty easily in those committees so i want the department to address the reason it did not go through committee. >> president chiu: why don't we hear from the department of real estate. >> thank you, president chiu. good afternoon. john updike, director of real estate. members of the board, first i want to thank you for holing this hearing on this matter, three items. one is an exit agreement from our current property we occupy to our entry agreements to new properties to replace the property from which we're leaving. so i'll give you first the basic terms of what is before you and then i'll speak to the issue of timing and why this is before you today in the fashion that its before you. currently, we occupy space at 875 stevenson street. we've been there since approximately 1994, as a temporary location. at one point, leasing 158,000

square feet at 875 stevenson street. we've made concerted effort over the years to move from that location into preferably owned spaces to create a much more tenable expense stream for us, and stabilize our expenses of occupancy. so we have reduced that amount in 2009, we were down to 116,000 square feet and now we're at 81,400 square feet at 875 stevenson street. that property is right behind what's called 1355 market street, or what's been rebranded as market square, where trirt an --twitter and others have mod into. that resurgence has lit a fuse to move forward with new improvements by the ownership of both buildings, which is forcing the item before you today of an early exit from